about an annulment. i am trying to resolve our problems and work through this. I just wanted to know of he could file for an annulment if I am not willing to consent. these are personal issues I wanted to know if the court will issue an annulment based on this...please help since i am trying to resolve this matter....
2007-06-13 06:44:06 · 14 answers · asked by onehotcurl 1 in Family & Relationships ➔ Marriage & Divorce
he will have to file for an acutal divorce, not an annulment...the two of you have been married too long for it to be considered for an annulment...but yes, he can file without your consent - most states have "no fault" divorces now.
2007-06-13 06:52:30 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
First of all, to file an annulment you shud have valid grounds for it. I mean, valid reason, ANd its not easy to file an annulment, it will take some time before you get it. And its gonna cost a lot. Maybe u can consult a lawyer so u can work it out, the fees and length of the case.
2007-06-13 13:59:28 · answer #2 · answered by eigger57 1 · 0⤊ 0⤋
Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.
In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.
Grounds for annulment
Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including the following:
1. Either spouse was already married to someone else at the time of the marriage;
2. Either spouse was too young to be married, or too young without required court or parental consent (unless, in some cases, where the marriage continued beyond the age of consent, which validates it);
3. Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4. Either spouse was mentally incompetent at the time of the marriage;
If the consent to the marriage was based on fraud or force;
5. Either spouse was physically incapable to be married (typically, inability to have sexual intercourse which persists) at the time of the marriage;
The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties.
The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
Prisoners sentenced to a term of life imprisonment may not marry.
Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
The guilty party -- the one with responsibility for having caused the defect in the marriage -- is ordinarily disentitled to request a declaration of nullity. The victimized spouse may ordinarily apply for innocent spouse relief. The fact that a marriage was a nullity ordinarily does not prevent an innocent spouse from collecting the financial benefits of marriage, such as the rights to community property, spousal support, child support, and equitable contribution to attorney fees for litigation expenses.
2007-06-13 14:00:26 · answer #3 · answered by lwheavenlyangel 4 · 0⤊ 0⤋
I would focus on fixing the problem more than trying to stop the annulment. If the problems are gone so is the reason for the annulment.
2007-06-13 14:52:46 · answer #4 · answered by snack_daddy10 6 · 0⤊ 0⤋
This all depends on which state you reside, but annulments usually can only be granted if certain factors can be met. However, almost all states now have "no-fault" divorces in which one spouse does not need the consent of the other to file and complete. Look up the laws in your state on the internet, or email me. It will be easy to figure out. Good luck!
2007-06-13 13:51:24 · answer #5 · answered by noisywaters 1 · 0⤊ 0⤋
You may get an annulment if no other conditions exist.
2007-06-13 13:51:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The only one who can assist you is an attorney who is licensed to practise in your state and is proficient in matters of family law. Many will offer you a free consultation, so suggest you contact one and know what your rights are.
2007-06-13 13:48:22 · answer #7 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
I'm sorry to hear this. >:D< If he is not willing to work on the problems then you are not helping anything. If things are not working out it would be better to end it early on then years of agony down the road. Good Luck to you.
2007-06-13 13:53:19 · answer #8 · answered by Kodycat 2 · 0⤊ 0⤋
Does he have a girlfriend? I would start snooping and find ou why he is so unwilling to make it work. Be careful and protect yourself. Best wishes! If you find that he was a wayward eye, don't let him know til you have a plan for yourself.
2007-06-13 13:52:14 · answer #9 · answered by natasha 2 · 0⤊ 0⤋
Just thinking of problematic words will cause drama in your own head..Why even think negitive? Just blow all the choas off and know that miserable people made thoughs words up to confuse life.......
2007-06-13 13:50:55 · answer #10 · answered by Unbreakable Me 5 · 0⤊ 1⤋